GST payable at the time of transfer of possession/ rights in the building to person supplying development rights

In Re: M/s. Vajra Infracorp India Private Limited [TSAAR Order No.03/2021 decided on July 19, 2021] wherein the assesee is provider of taxable services of construction of residential complexes.

The assessee entered into a supplementary agreement with landowner on May 15, 2017 (pre-GST) duly fixing the total number of flats to be shared with the land owner and construction was expected to be completed by October/November 2018 (post-GST).

The assesee sought clarification on time of supply and point of taxation with respect to flats allotted to land owner by the builder by way of supplementary agreement.

The AAR, Telangana held that as per Notification No.4/2018- Central Tax dated January 23, 2018 the date of transfer of possession of the building or the right in it to the person supplying development rights will be the time of supply and the liability to pay tax on the said services shall arise on that day. The time of supply shall not be at any other time.

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DISCLAIMER: The views expressed are strictly of the author and A2Z Taxcorp LLP. The contents of this article are solely for informational purpose. It does not constitute professional advice or recommendation of firm. Neither the author nor firm and its affiliates accepts any liabilities for any loss or damage of any kind arising out of any information in this article nor for any actions taken in reliance thereon.

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